K & G Construction Co. v. Harris
Court of Appeals of Maryland
164 A.2d 451 (1960)
K & G (plaintiff), a general contractor, hired Harris and Brooks's excavation company (defendants) as a subcontractor, agreeing the company would work in a workmanlike manner in exchange for monthly installment payments. After the excavation company negligently caused a wall collapse, K & G withheld the installment payment due, the company discontinued work, and K & G sued for repair and completion costs while the company counterclaimed for lost profits and unpaid work; the trial court held the company liable for repair costs but awarded it damages on its counterclaim, and K & G appealed.
Whether one party's promise to perform part of an installment contract is dependent on the other party's fulfillment of its promise concerning that part.